There has been a revision to the settlement agreement and a rescheduled date and
time for the Fairness Hearing. Please click here to view the order.

A copy of the Revised Notice is now available. Please click here to view the Consumer Notice.

There is a Class Action Settlement with Bristol-Myers Squibb (“BMS”) concerning
drugs used for the treatment of cancers and other medical conditions. The BMS drugs
included in the Settlement are:

Blenoxane®
Cytoxan®
Etopophos®
Paraplatin®

Rubex®
Taxol®
Vepesid®

The name of the lawsuit is In re: Pharmaceutical Industry Average Wholesale Price
Litigation, Docket No. 01-C V-12257-PBS, MDL No. 1456 (D. Mass.).

The lawsuit claims the AWPs reported by BMS for these BMS drugs were false and inflated.
The reported AWPs were used to set the amount Medicare Part B recipients, and most
private insurers reimbursed for these drugs. BMS denies any wrongdoing and is settling
to avoid the burden and expense of continued litigation.

BMS has agreed to pay $19 million to settle claims of TPPs as well as consumers
who made percentage co-payments based on AWP. BMS will also pay one-half of the
cost of notice and administration of the Settlement up to $1 million.

Under the terms of Settlement, 72% of the Settlement funds will be used to satisfy
the claims of TPPs who file claims. The remaining 28% of the total Settlement amount
will be set aside exclusively to satisfy the claims of consumers.

Please select the option that best describes your purchases of these BMS Drugs:

PRIVATE INSURANCE

If You Made Full Cash or Percentage Co-Payments Through Private Health Insurance

A percentage co-payment is a payment that varies according to the price of the drug
(i.e. 20% or 25% of the total cost). If you paid the same amount (i.e. $10, $20)
per prescription, regardless of the cost of the drug, you did not make a percentage
co-payment and are not included in the Settlement.